IN THE CASE OF:
BOARD DATE: 15 January 2009
DOCKET NUMBER: AR20080014805
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Bronze Star Medal.
2. The applicant states, in effect, that he received the Bronze Star Medal in 1972 but it was not recorded on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and certificate for award of the Bronze Star Medal.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 9 July 1970, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 62B (Engineer Equipment Repairman).
3. On 16 April 1971, the applicant was assigned for duty as an engineer equipment repairman with the 630th Engineer Company in the Republic of Vietnam.
4. On 21 August 1971, the applicant was assigned for duty as an engineer equipment repairman with A Company, 84th Engineer Battalion. He returned to the United States on 16 February 1972.
5. On 10 March 1972, the applicant was assigned for duty as an engineer equipment repairman at Fort Carson, Colorado.
6. On 9 April 1973, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of specialist four, pay grade E-4, and had completed 2 years,
9 months, and 1 day of creditable active duty service.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Grenade Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. It does not show award of the Bronze Star Medal.
8. Review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Bronze Star Medal.
9. The applicant has provided a copy of a Bronze Star Medal certificate indicating that he was awarded the medal for meritorious achievement in ground operations against a hostile force in the Republic of Vietnam during the period from 25 August 1971 to 16 February 1972.
10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was awarded the Bronze Star Medal in 1972.
2. There are no available general orders showing that the applicant was awarded the Bronze Star Medal. The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records. Should he have, or be able to obtain, a copy of the orders awarding him the Bronze Star Medal, or be able to provide other evidence to corroborate this award, he may submit another application for consideration.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ____X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________X_______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016793
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080014805
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120016763
He states his DD Form 214 should show award of the Army Aviation Badge, and the Army Good Conduct Medal should have been awarded upon his discharge based upon his Enlisted Evaluation Reports. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2011 | 20110009591
His DA Form 20 (Enlisted Qualification Record) shows in: * item 22 (MOS) the entry "CH-47 Hel Repm" [Helicopter Repairman] * item 31 (Foreign Service) he was credited with service in Vietnam from 30 September 1970 through 29 September 1971 * item 33 (Appointments and Reductions) he was promoted to specialist five/E-5 on 16 April 1971 * item 38 (Record of Assignments) he was assigned for duty in Vietnam with: * the 327th Transportation Detachment (Airmobile), 101st Airborne Division, from 13...
ARMY | BCMR | CY2008 | 20080002684
The applicant requests, in effect, correction of his military records to show award of the Combat Infantryman Badge and to show his active duty service from 31 August 1966 to 5 June 1968. The evidence of record clearly shows that the applicant served a period of active duty from 31 August 1966 to 5 June 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. issuing him an appropriate document showing that he served in...
ARMY | BCMR | CY2006 | 20060010412C071029
It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. General orders awarding the applicant the Air Medal (2d and 3d award) are not available. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2011 | 20110001646
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following: * Air Medal (AM) (12th Award) * Aircraft Crew Member Badge * general educational development (GED) test report * certificates and letter of appreciation 2. The evidence of record shows he participated in three campaigns during his service in Vietnam.
ARMY | BCMR | CY2014 | 20140017568
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), Valorous Unit Emblem (known as the Valorous Unit Award (VUA)), 3 bronze service stars with his Vietnam Service Medal (VSM), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. His DA Form 20 (Enlisted...
ARMY | BCMR | CY2006 | 20060012552
There are no orders in the applicant's service personnel records to show that he was awarded the Aircraft Crew Member Badge. The applicant's contentions that he served as an aircraft crew member from March 1971 to November 1971 in Vietnam and that he is authorized to wear the Aircraft Crew Member Badge are noted; however, there is no evidence of any flight records in the available records and the applicant has failed to provided evidence to show that he was on flight status while serving in...
ARMY | BCMR | CY2009 | 20090012034
BOARD DATE: 10 November 2009 DOCKET NUMBER: AR20090012034 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 24 of his DD Form 214 the Vietnam Service Medal; b. awarding him the Army Good Conduct Medal (1st award), for his qualifying period of honorable active...
ARMY | BCMR | CY2012 | 20120008802
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show any missing medals and awards he may be entitled to for his service in the Republic of Vietnam. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 19 March 1970 to on or about 26 December 1970. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080006005
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The evidence of record shows the applicant was awarded the Vietnam Service Medal. The evidence of record shows that the applicant served a qualifying period for award of the Republic of Vietnam Campaign Medal, which is not shown on his records; therefore, he is entitled to correction of his...